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Residential Rental Housing

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Background

Residential rental properties located in the vicinity of Durham College and the University of Ontario Institute of Technology (D.C./UOIT) must be licensed under the Residential Rental Housing Licensing (R.R.H.L.) By-law.

Licensed rental properties must comply with various standards and by-laws, including the Fire Code, Electrical Code, Building Code and the City's Zoning and Property Standards By-law(s). Refer to the links below for additional information, application forms and documents related to the Residential Rental Licensing Process.

Rental Licensing Applications

Fees

Application Submission Fee

A non-refundable application submission fee of $75 is required for the initial examination of each submitted application to ensure all required documents are included. Incomplete applications will not be processed. To avoid unnecessary addition application fees, please refer to page 3 of the application package to ensure your application is complete before you submit to the Licensing and Standards counter, 1st Floor Rundle Tower, City of Oshawa, 50 Centre Street South, Oshawa, ON., L1H 3Z7

Licence Fee - Issue or Renew

A licence fee is required once your application is accepted. If you are applying for a rental licence for the 1st time on a property the fee is $500. If you are the holder of a current licence and are applying to renew your licence on that property the fees are $360 if submitted 60 days or more before the expiry of your current licence OR $500 if submitted less than 60 days before the expiry of your current licence.

Inspection fee

The initial inspection by Licensing & Standards and Fire Services inspectors, plus one reinspection is included in this licence fee.

Note: additional inspections are $75.

Important Licensing Information

Effective May 2013 R.R.H.L. Licence renewals are being issued for one year (12 month) periods with the renewal date being the twelve month anniversary of the preceding issuance date. Accordingly, licence renewal dates may fall on any date of the calendar year versus the standard Sept 1st renewal date used since 2008.

This change in process implements initiatives to balance application processing and inspection workloads and to improve the City's ability to manage decisions regarding applications in a timely manner.

R.R.H.L. Demerit Point System

On January 28, 2013, the City of Oshawa implemented a demerit point system (D.P.S.) for residential rental properties in the R.R.H.L. area to encourage compliance with the City's by-laws. Frequently asked questions are detailed below.

R.R.H.L. Demerit Point System and Frequently Asked Questions

What is the R.R.H.L. D.P.S. and what is its purpose?

The R.R.H.L. D.P.S. is a new administrative tool to monitor and manage an R.R.H.L. licensee’s compliance with Schedule “K” of the Licensing By-law 120-2005 following the issuance of a licence.

What is the origin of the R.R.H.L. D.P.S?

At its November 26, 2012 meeting, City Council directed staff to develop the R.R.H.L. D.P.S and the By-law implementing the R.R.H.L. D.P.S was approved on January 28, 2013.

Who does the R.R.H.L. D.P.S apply to?

The R.R.H.L. D.P.S applies to properties licensed or seeking a licence in the R.R.H.L. area specified under Schedule “K” to Licensing By-law 120-2005.

What by-law infractions do demerit points apply to and how are they weighted?

Demerit points apply only to specific by-laws listed in the schedule below and points are weighted based on the type of infraction.

When are demerit points issued?

For applicable by-law infractions inspected after January 28, 2013, demerit points are issued to a licensed property when the property is found in violation of one or more by-law infractions listed in the demerit point schedule and the infraction has been confirmed.

A confirmed infraction means any of the following: 

The expiry of a period for appealing an administrative penalty (A.M.P.) or appealing a Provincial Offences Act (P.O.A.) ticket in the Ontario Court of Justice 

The payment or affirmation of an A.M.P. by a Hearings Officer 

The payment or affirmation of a P.O.A. ticket by the Ontario Court of Justice. 

The affirmation of an administrative order or notice

How are demerit points issued?

Demerit point(s) are issued for each confirmed by-law infraction.

Do demerit points affect rental properties that have never been licensed?

Yes. If a rental property is new to the R.R.H.L. process and has been found to be “operating without a licence”, demerit points will be issued to the property if and when a licence is issued.

How long do demerit points remain on a licensed property’s record?

Demerit points remain on a licensed property’s record for a period of 2 years from the date they are issued.

If I own multiple licensed properties, do demerit points issued to one property affect the others?

No. Demerit points only affect the licence of the property they are issued to; simply put, each property has their individual demerit point record.

Do the previous property owner’s accumulated demerit points affect me if I purchase their property?

No. Once the City is notified that an ownership change has occurred, all demerit points accumulated by the previous owner are cancelled for that property

Are there any consequences for accumulating demerit points?

Yes.

At 7 points the property owner will receive a warning letter and must attend a meeting with the Director, Municipal Law Enforcement and Licensing Standards to discuss the reasons for the chronic inability to comply with City by-laws and to discuss the possible impacts on their R.R.H. Licence. Failure to attend a meeting with the Director may result in referring the R.R.H. Licence to a Hearing.

At 15 points the property owner’s R.R.H. Licence is referred to a Hearing for review. Any decision regarding an R.R.H. Licence is solely at the discretion of the Hearings Officer.

Where can I get more information on the R.R.H.L. D.P.S?

For more information on the R.R.H.L. D.P.S, please contact Municipal Licensing and Standards at (905) 436-3311.

Zoning Terminology Explained

The following terms are used when determining if a licence application is in compliance with all applicable by-laws. Remember, the zoning within the rental area does not permit lodging houses.

Dwelling Unit

"DWELLING UNIT" means a unit consisting of one or more rooms, which unit contains toilet and cooking facilities and which is designed for use as a single housekeeping establishment.

Lodger

"LODGER" means any person who pays rent, fees or other valuable consideration to a proprietor for living accommodation in which cooking or washroom facilities are shared with other persons

Lodging House

"LODGING HOUSE" means a building or a part of a building, containing three to ten lodging units, which does not appear to function as a dwelling unit, although one may be included with the lodging units. It includes, without limitation, a rooming house and a boarding house, a fraternity or sorority house. It does not include a hotel, a crisis care residence, a hospital, a group home, a correctional group home, a bed and breakfast establishment, a nursing home, a flat, an apartment building or a block townhouse. A lodging house may involve shared cooking or washroom facilities. Meals may or may not be provided to residents. Common areas, such as living rooms, may or may not be provided. (66-1998, 62-2000, 61-2010)

Lodging Unit

"LODGING UNIT" means one or more rooms within a lodging house used or designed to be used for sleeping accommodations. Lodging units may contain cooking or washroom facilities, but not both. (62-2000)

Single Housekeeping Establishment

"SINGLE HOUSEKEEPING ESTABLISHMENT" is not a defined term in the City's Zoning By-law or Licensing By-law, but it has been judicially considered. Following are excerpts from the Courts Analysis.

"A single housekeeping establishment would generally approximate a typical family group of one or two adult persons, together with minor or adult children or a similar social unit either by relationship or some other common bond for living together as a housekeeping establishment, not simply the need by boarders for temporary sleeping quarters for which each pays rent to the landlord/landlady".

"I find that a single housekeeping establishment, when read in context, means a use typical of a single family unit or other similar basic social unit. For example, it could include a group of unrelated persons, one or more of whom are dependent on the other due to physical or related challenges; or one person, or a couple cohabitating with children (not theirs biologically), to whom they stand in loco parentis. There are many examples of such basic social units in today's society which do not follow the traditional family model. However, they involve more between them as a unit than simply short-term temporary sleeping quarters and shared facilities on a rental basis."